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Utah Senate approves limits on local housing rules to boost affordability
Summary
The Utah Senate on March 4, 2021 passed Fourth Substitute House Bill 98, restricting certain local regulations on single- and two-family homes and speeding municipal plan and inspection timelines. Sponsors said the changes aim to increase housing affordability while preserving limited exceptions for historic districts and resort towns.
The Utah State Senate on March 4 passed Fourth Substitute House Bill 98, a package of amendments intended to reduce local regulatory barriers to single- and two-family home construction and speed municipal review timelines.
Senator Sandle, the bill sponsor, said the language is “intended to help increase some housing affordability by limiting the ability of local governments to regulate single family and dual family homes and townhomes.” He told the Senate the bill removes requirements for cosmetic features such as granite countertops, a door orientation or specific roof pitch and requires municipalities to complete inspections within three days and plan reviews within 14 days; if a municipality fails those deadlines, a builder may hire an independent certified inspector.
“The League of Cities and Towns has gone neutral on this bill,” Sandle added during his presentation.
Senator Bramble, speaking in support, addressed concerns raised in emails that a privately hired inspector would be biased. “If you hire an independent certified building inspector, that inspector is going to want to do his job,” Bramble said, arguing the inspector will seek credible findings that enhance market credibility rather than conceal problems.
Senator Maine said the bill’s enforcement provisions are important in her community, where timely review and inspections are needed.
Under a motion to pass under suspension of the rules, Fourth Substitute House Bill 98 passed on a roll-call vote with 23 yay votes, 5 nay votes and 1 absent. The bill will be signed by the president of the Senate and returned to the House for the speaker’s signature.
What the bill does, as presented on the floor, also includes exemptions for construction projects repairing disaster damage and carve-outs for historic districts and resort towns. The bill’s timeline requirements and the option to hire a certified independent inspector were described as central enforcement mechanisms.
Next steps: Because the Senate approved the bill under suspension of the rules, it will be returned to the House for the speaker’s signature and the two chambers will complete any remaining enrollment steps before the measure becomes law.
